Welcome to your Sunday recap of the week’s biggest developments in trademark and brand protection.
From Beyond Meat’s damages reduction to a narrowing of DMCA claims against AI developers, here’s what shaped the IP landscape this week.
This Week’s Must-Read
Wish’s perpetrator status opens door to “direct liability” for other marketplaces, say GHD counsel (22 September)
GHD’s in-house and external counsel say a landmark German ruling against Wish.com could reshape brand enforcement against online marketplaces, opening the door to direct liability in more circumstances.
In-House Perspectives
Puma’s APAC brand protection chief on tackling sophisticated infringement and securing business buy-in (25 September)
Senior counsel for brand protection Wei Zhang explains how the company selects enforcement targets, wins internal support and builds teams across Asia-Pacific.
From the Courts
$23.5 million damages award against Beyond Meat slashed over speculative expansion losses (23 September)
Although the brand must still pay $15.4 million in lost profits tied to the Vegadelphia 2.0 product expansion, the decision draws a sharp distinction between profits disgorgement and actual damages.
Victoria’s Secret v Thomas Pink: can a decade-old coexistence deal survive brand expansion? (22 September)
A fresh transatlantic dispute between Victoria’s Secret and Thomas Pink over PINK tests the limits of long-standing trademark coexistence agreements.
Penn State-Vintage Brand appeal could have “domino effect” across licensing industry, expert warns (21 September)
A Third Circuit appeal is testing whether disclaimers can shield unauthorised merchandise sellers, with potentially far-reaching consequences for trademark licensing and consumer confusion claims.
EUIPO invalidity costs cannot be recovered through national proceedings, says EU Advocate General (24 September)
Advocate General Manuel Campos Sánchez-Bordona has advised that the EUIPO’s costs regime for design invalidity proceedings is a self-contained system that cannot be supplemented through parallel national litigation.
Ninth Circuit opinion has narrowed a “potentially valuable avenue” of AI liability, US practitioners say (23 September)
The Doe v GitHub ruling closes off a common ancillary claim in AI-copyright ligation, narrowing rights holders’ ability to pursue enhanced DMCA damages against AI developers.
Behind the Data
Trademark disputes jump 24% in Southern New York, with OpenAI most-named defendant (24 September)
Exclusive data reveals the US District Court for the Southern District of New York is reclaiming its position as one of the country’s busiest venues for trademark litigation.
SDNY trademark data reveals stark judge-by-judge divide on emergency relief outcomes(25 September)
Exclusive data shows the chances of trademark owners obtaining emergency relief in the Southern District of New York generally align with national averages. However, differences between judges could have strategic implications.
China design filings retreat from peak as Vietnam hits new high (21 September)
Design filing activity across Asia-Pacific diverged sharply at the end of 2025, according to WTR’s latest data analysis.
Brand Protection Intelligence
Drafting around discord: trademark ownership provisions for musical group agreements(23 September)
From joint-ownership clauses to departure and succession provisions, decades of music-industry litigation offer rights holders a contractual blueprint for avoiding costly battles over iconic brands.
Government & Policy
Vietnam’s specialised IP courts are boosting confidence in civil enforcement (21 September)
Local practitioners reveal where the strategic advantages to this new route lie – and where procedural challenges persist.
EU AI laws “systematically” overlook authors’ moral rights, academic warns (26 September)
A recent paper argues that the EU’s AI and copyright framework focuses overwhelmingly on economic rights while failing to address issues around attribution and integrity.
Plus…
WTR’s inaugural Copyright 1000 reflects growing demand for integrated IP strategies(24 September)
WTR’s first-ever Copyright 1000 identifies almost 1,500 leading practitioners worldwide, as our exclusive research reveals a clear market shift in client demand for combined trademark, copyright and design advice.
